What are federal child porn laws affecting Maryland?

What are federal child porn laws affecting Maryland?

Child pornography can be filed as a federal crime with significant consequences. This is also crime that usually garners media attention and can quickly damage someone’s reputation — even if that person has not been found guilty. Below is some information on this federal charge:

While the First Amendment covers free speech, child pornography images are not protected under the Constitution. The definition of child pornography according to section 2256 of Title 18 of the United States Code is “any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age).”

Federal law considers a visual depiction:

— Photographs

— Videos

— Computer generated or digital images that not distinguishable from an actual minor child

— Images that are created, modified or adapted but show what appears to be an identifiable minor

— Electronic data, undeveloped video tapes or film that can be developed to show an image of child pornography

It should be noted that a charge for child pornography can occur even if a minor is not engaged in sexual activity. Sexually suggestive images may result in a charge for child pornography.

It is against federal law to produce, distribute, receive or possess child pornography. In addition, a minor may not be persuaded, induced, enticed or coerced into engaging in sexual conduct in order to produce images of that activity.

There are many other types of child pornography charges, such as a parent of a child selling, buying or transferring custody for the purpose of the child being used in images of child pornography. It is important to remember that in the U.S., a person facing criminal charges is innocent unless found guilty by a judge or jury — no matter what the crime may be.

Presenting a solid defense against child pornography is essential and an experienced Baltimore criminal defense attorney can provide more information on how to create such a defense.

Source: U.S. Department of Justice, “Citizen’s Guide to U.S. Federal Law on Child Pornography” accessed Feb. 03, 2015

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